State Highway Department v. Price

Hall, Presiding Judge.

1. For whatever reasons, the State chose to specifically condemn and offered to pay for the condemnee’s right of access to the highway. The Supreme Court has held that "to go upon and across the public road is one of the fundamental rights which belong to abutting landowners,” a right which enactment of a statute providing for limited access highways does not divest and for which just and adequate compensation must be paid. State Hwy. Dept. v. Lumpkin, 222 Ga. 727, 729 (152 SE2d 557). Although the State had also specifically condemned access rights in that case, the…